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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

20 FLRA No. 59
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1363
Union
and
DEPARTMENT OF THE ARMY,
HEADQUARTERS, U.S. ARMY GARRISON,
YONGSAN, KOREA
Agency
Case No. 0-NG-596
ORDER
The petition for review in this case comes before the Authority
pursuant to section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute), and raises issues with
respect to the negotiability of 46 Union proposals. The Agency appears
to contend that to negotiate on any of the proposals set forth in the
petition for review would contravene the general policies of the Status
of Forces Agreement (SOFA) between the governments of the United States
and the Republic of Korea. Subsequent to the filing of the petition for
review in this case, the President issued Executive Order 12391,
"Partial Suspension of Federal Service Labor-Management Relations" which
provided in relevant part:
By the authority vested in me as President by the Constitution
and statutes of the United States of America, including Section
7103(b)(2) of Title 5 and Section 301 of Title 3 of the United
States Code, and having determined that it is necessary in the
interest of national security to suspend certain labor-management
relations provisions with respect to overseas activities of the
Department of Defense, it is hereby ordered as follows:
Section 1. Suspensions. With regard to United States citizen
employees of the Department of Defense, including the Military
Departments, who are employed outside the United States as defined
in 5 U.S.C. 7103(a)(18), with the exception of those employed in
the Republic of Panama:
(a) The provisions of 5 U.S.C. 7105(a)(2)(D), (E), (G), and (H)
and of 5 U.S.C. 7123(b) are suspended with respect to any matter
which substantially impairs the implementation by the United
States Forces of any treaty or agreement, including any minutes or
understandings thereto, between the United States and the
Government of the host nation;
(b) The provisions of 5 U.S.C. 7102(2), 7114(a)(1), 7114(a)(4),
7116(a)(5), and 7117(c) are suspended with respect to any matter
proposed for bargaining which would substantially impair the
implementation by the United States Forces of any treaty or
agreement, including any minutes or understandings thereto,
between the United States and the Government of the host nation:
(c) The provisions of 5 U.S.C. 7116(a)(7) and 7117(b) are
suspended with regard to any regulation governing the
implementation by the United States Forces of any treaty or
agreement, including any minutes or understandings thereto,
between the United States and the Government of the host
nations(.)
. . . .
Sec. 2. Disputes. Disputes between a labor organization and
the United States Forces as to whether a particular matter is
covered by one or more of the suspensions set forth in this Order
shall be referred to the Secretary of Defense. The decision of
the Secretary in such disputes shall be made after consultation
with the Secretary of State and shall be final. The Secretary of
Defense may delegate this authority, but only to the Deputy
Secretary of Defense, an Under Secretary of Defense, or an
Assistant Secretary of Defense. The functions assigned to the
Secretary of State may not be delegated or assigned to anyone
below the rank of an Assistant Secretary of State.
In view of the apparent relationship between the SOFA and the dispute
in this case, the Authority requests a statement of the position from
each party with respect to the applicability of Executive Order 12391 as
it may pertain to the jurisdiction of the Authority over the instant
case.
Consequently, IT IS ORDERED that:
The parties shall, no later than 30 days from the date of this
Order, file with the Authority, and serve the other party with, a
statement of position which addresses the applicability, if any,
of Executive Order 12391 to the instant proceeding.
Issued, Washington, D.C., October 17, 1985
Henry B. Frazier III, Acting
Chairman
William J. McGinnis, Jr., Member
FEDERAL LABOR RELATIONS AUTHORITY